Run-off election will be held April 3

The Old Field village justice race between challenger Ted Rosenberg, an attorney, and incumbent Ron LaVita ended in a 114-all tie. Photos from candidates

A race 20 years in the making ended in a tie March 20.

The Old Field village justice election between incumbent Ron LaVita, who has run unopposed for 20 years, and attorney Ted Rosenberg, ended in a 114-all tie after all the votes, including absentee ballots, were counted. A run-off election will be held Tuesday April 3 at the Keeper’s Cottage, located at 207 Old Field Road. The polls will be open from noon to 9 p.m. Absentee ballots will be re-accepted, and must be in to Village Hall no later than 9 p.m. April 3, according to Village Clerk Adrienne Kessel.

Both candidates received the news of the tie the night of March 20. A recount confirmed the vote totals.

Rosenberg, the village’s current associate justice and a partner with Rosenberg & Gluck LLP, said he was surprised when he heard the news.

He looks forward to a run-off election, and said after the results were in that he hopes this time around there will be a meet the candidates night and/or debate so Old Field residents can learn more about each of the candidates.

“If there’s another election, I think it’s an opportunity for the voters of the village to gain more knowledge about the candidates and our qualifications,” he said. “Particularly for me, because I’m not the incumbent.”

LaVita, a general practice attorney, said he was disappointed when he heard the results.

“I thought I would have a commanding lead,” he said, adding he should have notified residents who were unable to vote March 20 to submit absentee ballots while he was campaigning, feeling that would have helped him take the election.

LaVita said he is also open to a meet the candidates night and/or debate.

During the election, Michael Levine, who has been mayor of Old Field since 2008, ran unopposed and maintains his seat. Bruce Feller and Tom Pirro are the village’s new trustees. Feller and Pirro ran for two seats after Timothy Hopkins and Robert Whitcomb decided not to run for re-election.

This version was updated to include that the vote totals were confirmed and a run-off election is scheduled.

U.S. Rep. Lee Zeldin. Flie photo by Alex Petroski

Even though it feels like Election Day 2016 was sometime last week, the 2018 midterms are right around the corner.

To that end, U.S. Rep. Lee Zeldin (R-Shirley) hosted a telephone town hall March 14 to give constituents the opportunity to ask questions and hear where he stands on hot-button issues in New York’s 1st
Congressional District. This was one of several telephone town halls Zeldin has hosted since he was re-elected in 2016, though many of his constituents have been rabidly calling for him to host in-person town halls for more than a year, in addition to the three-in-one day town halls he hosted in April 2017, on what some felt was short notice.

“While in D.C. these telephone town halls allow me to reach out to the greatest number of constituents at once, allowing me to listen to your concerns and answer your questions,” he said on the call. “Listening to your questions and insight is such an important part of my job.”

Zeldin fielded about 10 questions during the 60-minute call on a wide array of topics. Below are some of the highlights, with questions bolded and lightly edited for grammar and clarity.

Michael: “I did vote for [President Donald] Trump (R)], but I was very disturbed when he said what he said as far as due process and our Second Amendment rights, taking guns away from people that may be perceived as not having any business having them. I wanted to be assured that you would do your part to remind our president that due process does not come second.”

“I totally agree with you, due process is incredibly important,” Zeldin said, though he offered some qualifiers that sounded as though there was at least some common ground between his position and what Trump said during a televised listening session with survivors of the February shooting in Parkland, Florida. Trump suggested that those who display signs they might be harmful to themselves or others should have guns seized immediately, prior to a crime being committed, due process be damned. He has since backed off from that sentiment.

“It’s important that we’re doing what we need to do, smart policy to keep people safe,” Zeldin said. “There were so many balls that were dropped in Parkland, at different levels of government … People who are
saying Nikolas Cruz shouldn’t have had access to a particular kind of firearm, I’ll say, a guy who shows — I don’t care if he’s 19 or 89 — anyone who is showing all of those threats and indicators, they should not have access to any firearm.”

Zeldin also reiterated his support for the Second Amendment and citizens’ right to bear arms. He also in response to a later question said he thought it was great that high school students locally and nationally are
educating themselves on issues and making their opinions known.

Nora: “In regard to the opioid epidemic, I realize that lots of funding keeps on being funneled toward this crisis, and I see that police are arresting more and more of the drug dealers. I’m not seeing in the hospital setting that the people themselves who are taking the drugs or addicted are getting the help they need. Are there any plans to build facilities for people to get the help they need before they die?”

Zeldin responded to Nora, who said she is a nurse at Stony Brook University Hospital, by saying in a discussion he was involved in with several generals discussing the future of foreign diplomacy, he relayed to them that opioid addiction is nearing the level of a national security threat. The congressman touted previously passed legislation, specifically the Comprehensive Addiction and Recovery Act of 2016, an $8.3 billion plan to fight drug addiction in the United States, with a significant amount of funding for prevention and treatment, and added that the bill needed repeated funding annually.

He mentioned a need to improve the quality of treatment facilities or sober homes, as well as legislation that would help to prevent the practice of “doctor shopping,” or seeking prescriptions for pain medications to feed opioid addiction. However, he fairly quickly pivoted to border security.

“When we talk about border security or people entering our country, what often gets lost in that is this is also illegal substances as well,” he said.

Frank: “Nationally there needs to be some support of President Trump in stopping illegal immigration, and what I was concerned about locally is my understanding is that there are many areas on Long Island that support sanctuary status — it’s a blatant disregard for federal law and something needs to be done about this.”

“I’m with you,” Zeldin said. He went on to name a number of examples of illegal immigrants committing violent crimes in cities around the United States as evidence the practice of protecting illegal immigrants from federal prosecution simply for that reason needing to be ended. “The sanctuary city policies we see across the country are so wrong. The federal government is responsible for creating immigration law in this country, and where you have local politicians pandering for votes and refusing to assist … you’re putting our law enforcement officers at risk. I have colleagues that celebrate illegal immigration.”

The full recording of the town hall can be heard on Zeldin’s website,

Rocky Point students were give one day of in-school suspension for walking out. The students attended the March 19 board of education meeting to debate the decision. File photo by Kevin Reding

They were articulate. They were passionate. And they wanted answers. A week after they walked out and were punished by the district for it, a group of Rocky Point students stood before their administrators and spoke up.

About a dozen of the high schoolers who lined up to address the board of education March 19 were among the more than 30 district students who participated in the national school walkout five days earlier. The students, many of them AP scholars, student council members and star athletes, had each been issued one day of in-school suspension, and were banned from extracurricular activities for three days following their choice to stand behind the front gates of the high school for 17 minutes March 14. Those middle school and high school students joined young people across the country in holding up signs and demanding stricter gun legislation to help put an end to school violence, one month after the Parkland, Florida, school shooting that left 17 dead.

Rocky Point students who both did and didn’t walk out March 14 attended the March 19 board of education meeting supporting those who did. Photo by Kevin Redding

While the students said during the meeting they anticipated and accepted consequences, based on a letter the district sent to parents a week prior to the protest declaring that all participants would be “subject to administrative action,” they told board members they found the ruling of suspension to be “unnecessarily harsh” and a violation of the district’s own code of conduct as well as New York state law.

Many cited Gov. Andrew Cuomo’s (D) March 15 letter defending all students’ rights to peacefully express their views on controversial issues, stating that “any attempts to stifle this speech violates the constitutional rights of students and faculty to free speech.”

“By suspending any student who participated in this peaceful nationwide movement, the administration is effectively discouraging students to have their voices heard in society,” said senior Jade Pinkenburg, who helped organized the March 14 gathering. “This is an overreaction, and we need to find a more suitable compromise … Although I believe that students should not be punished for speaking their minds in a peaceful, nondisruptive protest, we would all have happily accepted three days of detention as a consequence for cutting class [as dictated in the code of conduct] … we didn’t walk out to just flout the school’s policies or denounce the administration, but we did this because it’s our lives on the line.”

Sophomore Emily Farrell reminded board members that many schools across the country and on Long Island, including Ward Melville and Mount Sinai, ultimately did not punish students for walking out, even after forbidding students from exiting school buildings.

“So why couldn’t you support us?” Farrell asked. “All that needed to be done was to send out an adult to escort the students and provide them appropriate permission to temporarily walk outside the school building — not leave school grounds, but just go outside. The students that walked out are good kids. … It’s disappointing that our administration suppressed our First Amendment rights by not supporting the walkout.”

“The students that walked out are good kids. … It’s disappointing that our administration suppressed our First Amendment rights.”

— Emily Farrell

One student called the district’s handling of the walkout “unpatriotic” and another asked, “At what point does our educational curriculum tell us that peaceful protest is wrong?”

Senior Nicki Tavares, a national honor society member, stepped up to the microphone to address the punishment.

“This is a blatant overextension of power that disregards rules and regulations set forth by the administration themselves,” he said.

Another senior, Jo Herman, urged administrators to remove the suspensions from their school records permanently.

“Our punishment contradicted the code of conduct,” Herman said. “When we got suspended we were informed that as long as there were no further disciplinary actions against us, they wouldn’t go on our records.”

According to the students, nowhere in the district’s code of conduct, which was officially adopted in 2011, does it state any specific way to handle a situation like this, suggesting that administrators “took matters into their own hands” and enforced a rule that didn’t exist. Students called into question why a “peaceful” protest warranted a suspension, which is considered “a severe penalty” in the code — imposed on those who are “insubordinate, disorderly, violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others.”

In the code of conduct it is stated under “prohibited student conduct” that “Students may be subject to disciplinary action, up to and including suspension from school, when they … engage in any willful act that disrupts the normal operation of the school community” and “The superintendent retains his/her authority to suspend students, but places primary responsibility for the suspension of students with the building principal.”

Pinkenburg said the students had done none of the prohibited actions in the code.

Students like sophomore Emily Farrell addressed the administrator’s mishandling of the event. Photo by Kevin Redding

“While the school claims that the walkout endangered the safety of those involved, we have not compromised the safety of other students, not ourselves, and we understood the risk involved,” he said. “We [also] did not disrupt the day at all, as all the students were watching tribute videos in the auditorium and gymnasium.”

According to the code of conduct, a student is to be given “due process” before a suspension is authorized. And, for any short-term suspension, as mandated by New York State Education Department policy section 3214 (3)(b), the school must notify parents in writing within 24 hours of their child’s suspension via “personal delivery, express mail delivery or some other means that is reasonably calculated to assure receipt of the notice within 24 hours of the decision to propose suspension at the last known address for the parents.” An opportunity for an informal conference is also encouraged.

But none of these procedures took place, according to the students and their parents.

“I have seen these students’ reputations be dragged through the mud for no other reason than they felt strongly about doing something about the ongoing violence and bullying here, and in schools across the nation,” said Brian Botticelli, whose daughter in the middle school was issued her unexpected suspension, as well as some hate texts from her peers because of her involvement. “It is my opinion that [Superintendent Michael Ring] overstepped his authority by issuing arbitrary and extreme punishments based on his ideological opinion instead of what is best for the student body … I ask that the board conduct a thorough investigation into the allegations that this was negligently mishandled.”

Botticelli explained that the students who walked out scheduled a meeting with Ring to better understand the penalties of their involvement March 13, which turned out to be a snow day. The parent said the meeting was canceled by Ring and never rescheduled.

In response to this, Ring said, “The students did send an email that evening [Tuesday, March 13], but we didn’t get it until the following morning … I was not available then. But it was my intention for that meeting to take place.”

Nicolette Green, a senior, said while she didn’t participate in the walkout, she still stands for those who did, and encouraged administrators to do the same.

“I have seen these students’ reputations be dragged through the mud for no other reason than they felt strongly about doing something about the ongoing violence and bullying here.”

— Brian Botticelli

“It is our right as students to speak about problems we have — not only within our schools but within our country,” she said. “Fighting against gun violence shouldn’t just be a student cause and, as members of the school, you should stand with us. We are calling for change.”

Green also addressed the district’s “heightened interest of safety and security,” as stated in the letter sent to parents as the main reason the walkout was prohibited and “not a viable option for our schools.” But, she said, that was proven to not be the case last week, referring to a PTA meeting in the school district March 14 in which a man pulled out a closed pocketknife while face-to-face with Pinkenburg, making a point that security is needed in rapidly escalating situations. Green said, although a security guard was present during that meeting, nothing was done to stop the man in an urgent manner. (See story on page A6.)

“This behavior should not be tolerated, and the event should not have happened,” Green said. “This man was told to leave by other parents, but he was not escorted out of the building. How was I or anyone else in that room supposed to blindly trust this guy? I don’t know this man or his background. Something should have been done.”

Ring interjected, assuring Green and the rest of the room that the district has since banned that individual from school property.

But not all speakers were against the district’s handling of the walkout.

“I would like to say that what the school district did with the walkout was appropriate,” eighth-grader Quentin Palifka said. “There was an email that was sent, and it did say that we were allowed to write letters to Congress, Senate and the Parkland victims … if you wanted to be heard, I think that you should’ve written a letter.”

Board Trustee Ed Casswell, who remembered being a history teacher the day the Columbine shootings occurred and how “numb” it left him, thanked all the students for weighing in.

“Someone said you’re all good students … you’re not good students, you’re great students,” Casswell said, turning his attention to parents in the room. “There have been 24 shootings in a K-12 institute since 1999, 10 since Sandy Hook. When is it going to be enough? We’re all united under the umbrella of health and safety for our kids. What I ask is rather than turn on each other, that we move forward locking arms.”

Students walked out of Rocky Point High School, and were given in-school suspension for not obeying district orders when it came to participation in the National School Walkout. File photo by Giselle Barkley

By Kevin Redding

Michelle Salz, the mother of Rocky Point Middle School student Isadora Luce — an eighth-grader who participated in the walkout March 14 — said she and a group of parents are in the process of contacting the American Civil Liberties Union in hopes of fighting their children’s suspensions legally.

According to Salz, in suspending her daughter, who is the president of the student council and National Junior Honor Society, and was one of eight middle schoolers involved, the administration violated its code of conduct by denying her the right to due process, foregoing an informal conference and not issuing a written notification within 24 hours of the authorized suspension.

Michelle Salz is disappointed the district chose to give her daughter in-school suspension for participating in the National School Walkout, and is contemplating taking legal action. Photo from Michelle Salz

Salz said when she requested information regarding consequences in the code of conduct for cutting class, Principal Scott O’Brien said there was nothing listed. It was O’Brien, she said, who ultimately made the decision to issue Isadora a suspension over a detention — a penalty Salz felt should be reserved for “violent or bad kids … not for cutting class.”

“She was surprised and dismayed,” Salz said. “She’s lost respect for her principal, and she also realizes how mishandled the whole situation is. … As educators, I think the district could’ve made this an empowering event that the kids would’ve never forgotten. They could’ve helped make signs, talked to them about laws, the tradition of protests and civil liberties. Instead, they chose to do this.”

O’Brien and Rocky Point Superintendent Michael Ring did not return requests for comment.

Isadora herself said, although this was predominantly a high school movement, she was inspired to participate from seeing the Parkland survivors take initiative, and because she said she’s passionate when it comes to gun control.

“I knew there would be punishment, but I’m very disappointed the school didn’t reward us at all for taking leadership,” Isadora said. “I wish they would respect that we’re doing this as a nationwide thing, rather than saying ‘Oh, it’s a risk to safety.’ They knew about this way ahead of time.”

A fellow eighth-grader who participated in the walkout with Isadora agreed that the punishment didn’t fit the crime.

“I feel like the superintendent used his own opinions to make a quick decision rather than take his time to see what would be best for everyone,” 14-year-old Ella Botticelli said. “I feel that this was wrong on his part and he should admit to that.”

“She realizes how mishandled the whole situation is. … As educators, I think the district could’ve made this an empowering event.”

— Michelle Salz

Salz said she and a group of parents who met through Facebook are waiting for a response to an email sent to New York Civil Liberties Union-Suffolk Chapter Director Irma Solis last week. Salz has also been in contact with attorneys from the area.

According to the ACLU website, while the law allows school districts to discipline students for missing class, “even if they’re doing so to participate in a protest” or to express themselves, a school can’t “discipline students more harshly because they are walking out to express a political view or because school administrators don’t support the views behind the protest.”

“We hope those schools recognize that even when they are within their right to discipline students for protests, that doesn’t always mean they should,” wrote ACLU member Vera Eidelman in a Feb. 22 article. “[The students’] activism inspires confidence in the future of our democracy and their schools should be proud of them.”

Salz said while she knows lawsuits will be a costly endeavor, she and the fellow parents are currently drumming up ideas on how to go about it.

“I don’t know how we’re going to afford it right now,” the mother said. “But this is the only way this school district is going to be made to change.”

Medicare and Medicaid are both invaluable programs that can be used to cover various medical and custodial expenses.

By Nancy Burner, ESQ.

Nancy Burner, Esq.

This is a question we receive often. Navigating the maze of healthcare coverage can be confusing.nFor starters, a brief overview of the programs will help to demystify and clear some of the confusion. Medicare is a federal government program first implemented in 1965 as part of the Social Security program to provide health coverage to persons 65 or older and in some cases younger so long as they can show a qualifying disability.

Coverage through Medicare is broken down into sections, Part A is considered hospital insurance and covers inpatient hospital care, rehabilitation in a skilled nursing facility, hospice services, lab tests surgery and home health care. There is no premium for Part A provided you or your spouse have worked at least forty quarters and paid into the program.

It is important to note that the coverage for skilled nursing is limited to the first twenty days in full and then there will be a co-pay of $167.50 per day for days twenty-one through one hundred. A person must continue to qualify based on their skilled need throughout the hundred-day period for Medicare to continue cover. There is no guarantee that a person will receive all hundred days of coverage. Custodial care and extended stays will not be covered by Medicare.

Part B covers doctors and other health care providers’ services and outpatient care. The monthly premium for Part B is typically $134.00 but can vary depending on the person’s income. Part D provides cover with respect to prescription drugs. This is a stand-alone drug plan that can assist in reducing prescription drug costs. Finally, Medicare Part C, is also known as the Medicare Advantage which are optional plans offered by Medicare-approved private companies which replace Medicare Part A and B.

Unlike Medicare, Medicaid is a means tested program and is state specific. Medicaid can provide coverage for a personal care aide at home through the Community Medicaid program or can also cover an extended custodial stay at a skilled nursing facility through the Chronic Medicaid program. In order to be financially eligible to receive services at home, an applicant for Community Medicaid cannot have liquid non-retirement assets in excess of $15,150.00.

Also exempt is an irrevocable pre-paid burial, retirement assets in an unlimited amount so long as the applicant is receiving monthly distributions and the primary residence. With respect to income, an applicant for Medicaid is permitted to keep $837.00 per month in income plus a $20.00 disregard. However, where the applicant has income which exceeds $862.00 threshold, a Pooled Income Trust can be established to preserve the applicant’s excess income.

Even though there is a resource limit of $15,150.00, there is no “look back” for Community Medicaid. In other words, both the income and asset requirements can be met with a minimal waiting period allowing families to mitigate the cost of caring for their loved ones at home.

With respect to coverage in a nursing facility, Chronic Medicaid can cover an extended custodial stay at a nursing facility. In New York, an applicant applying for Chronic Medicaid will be required to provide a sixty-month lookback with respect to all financial records, including bank statements and tax returns. Unlike Community Medicaid, an applicant for Chronic Medicaid will be penalized for any monies transferred out of the applicant’s name during the sixty-month lookback except for transfers to exempt individuals, including to but not limited to spouse or disabled child. If your loved one requires long term nursing home placement, it is imperative to consult and Elder Law attorney in your area to discuss how to preserve the maximum amount of assets.

Medicare and Medicaid are both invaluable programs that can be used to cover various medical and custodial expenses. Understanding the difference and what each program covers will allow you to be an advocate for yourself or a loved one.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.

Gov. Andrew Cuomo. File photo by Erika Karp

As students and districts deal with the aftermath of a nationwide student walkout March 14, New York Gov. Andrew Cuomo (D) has made it clear where he stands on punishments for those who participated.

“Peaceful expression of views on controversial issues that is not disruptive or threatening is a right that all students have in this country, and any attempts to stifle this speech violates the constitutional rights of students and faculty to free speech,” Cuomo said in part in an open letter to New York State Education Department Commissioner MaryEllen Elia in an open letter March 15. “Threatening to discipline students for participating in the peaceful demonstrations is not only inappropriate, it is unconstitutional. Reports that schools may also discipline faculty are also highly concerning and would send a terrible message to our students.”

Students from several North Shore schools — including Ward Melville High School, Rocky Point High School and Northport High School — participated in the national walkout inspired by the political activism stemming from a Feb. 14 shooting at a school in Parkland, Florida that killed 17 people. Many of the survivors from Marjory Stoneman Douglas High School in Florida spearheaded what became a national movement. Students in other districts — like Port Jefferson High School and Harborfields High School — participated in school-approved indoor memorials and remembrances which also included outlets for students to express their views on gun control legislation. Many school districts issued warnings prior to March 14 that participating students would face disciplinary action. Elia was publicly supportive of the walkouts prior to March 14.

Michelle Salz, the mother of a Rocky Point Middle School student, said she will be joining with a group of parents who have come together to fight the suspensions legally.

“I am infuriated that the school is not allowing my straight A honors student, who is the president of her student council and the president of the national junior honor society, to exercise her First Amendment right to free speech,” she said. “It is disgraceful that our school district is choosing to penalize our activist students instead of embracing this event as a teaching opportunity.”

Cuomo’s letter its entirety:

Dear Commissioner Elia,

Yesterday, I proudly stood shoulder to shoulder with brave students and faculty who spoke out against gun violence. History provides moments where real change is possible, and the thousands of students who participated in organized walk-outs all throughout the state are seizing the moment and admirably standing up for the safety of their classmates and students across the country.

In the last 24 hours, there have been several reports of New York State schools disciplining students and faculty for participating in yesterday’s historic events to stop gun violence. In at least one disturbing incident, it was reported that the school physically blocked the exits to prevent students from demonstrating.

These actions send a terrible message to New York’s children and are against constitutional free speech protections. I call on you to use SED’s authority to stop these schools, reverse course and cease any disciplinary actions.

Peaceful expression of views on controversial issues that is not disruptive or threatening is a right that all students have in this country, and any attempts to stifle this speech violates the constitutional rights of students and faculty to free speech. Threatening to discipline students for participating in the peaceful demonstrations is not only inappropriate, it is unconstitutional. Reports that schools may also discipline faculty are also highly concerning and would send a terrible message to our students.

The students who participated in the walk-out are trying to advance laws and actions that would save their lives, and many viewed their participation as necessary to their own safety. The scourge of mass shootings in schools is very real, and these students were taking proactive steps to protect themselves and their classmates. These actions, coupled with the peaceful manner in which the demonstrations were conducted, is something that should be lauded, not punished.

Additionally, I call on you to thoroughly investigate any reports of schools that blocked the exits to physically prevent students from leaving during the event. This an egregious safety violation and it is also unlawful.

Yesterday’s actions were a testament to the courage and leadership of New York’s students. As I said yesterday, these young people are showing more leadership than the so-called leaders in Washington. To punish or discipline them is inconsistent with the freedom of expression that we cherish. It would say more about the adults imposing discipline than it would about the students who exercised their rights to speak out.


Governor Andrew M. Cuomo

Desirée Keegan contributed reporting

Students at Northport High School sat silently for 17 minutes during the national walkout. Photo from Aidan Bryant

Hundreds of Northport High School students walked out March 14 in hopes that their actions would speak louder than words.

Senior Ryan Dowling, student organizer of the walkout to pay tribute to the Parkland, Florida students and faculty killed in the school shooting one month ago, said she estimated between 200 to 300 students quietly left the building to sit in the front courtyard at 10 a.m. Wednesday morning in unified action with thousands across the country.

Students at Northport High School sat silently for 17 minutes during the national walkout. Photo from Juliana Conforti

“We decided that 17 minutes of silence was the best way to go,” Dowling said. “The point was to remember the 17 lives that were lost and to show we didn’t have to say anything to make our voices heard.”

There were no speeches given, no chanting and no homemade signs calling for gun control or legislation. Only a singular black banner with the word “Enough” written across it in white duct tape stood with the students. Those who didn’t walkout were seen photographing and videotaping the event from classroom windows, according to Dowling.

“I think that everyone was respectful and mature about it,” student participant Samantha Sanuki said. “I had a fear of it becoming political with those who disagreed with the walkout — those people who were sharing their political views.”

On their way back inside the building, Dowling and Sanuki said the participants encountered other students holding Trump banners or wearing pro-Trump T-shirts. Both say the atmosphere remained largely respectful in attempt to not disrupt those classes still in session.

Students at Northport High School gather outside the school during the national walkout. Photo from Juliana Conforti

Superintendent Robert Banzer and high school principal Daniel Danbusky had a meeting with the student organizers of the walkout prior to March 14, in which any student who considered participating was initially warned they could face up to three-day suspension for walking out without permission, according to Dowling.

“My parents were supportive of me when I made the decision to try to spearhead this movement,” she said. “My mom was encouraging me saying, ‘I think you should walk out, and if no one is starting the conversation, I believe you should it start it yourself.’”

Days before the event, the senior said Danbusky contacted the student organizers and participants would be considered cutting class for the period. It carries a considerably lighter punishment, a phone call or email to notify the student’s parents, according to Dowling.

“The students — those who decided to walk out and those who decided to stay in class — handled the matter with respect and dignity,” Banzer said in a statement. “Regardless of the decision they made, I am very proud of all of them for that.”

Rocky Point High School students walk out March 14 to join in the national protest against gun violence in schools. Photo from Kevin Redding

By Kevin Redding

“Books not bullets!” “We want change!”

A group of nearly 30 students shouted these words from behind the front gates of Rocky Point High School between 10 a.m. and 10:17 a.m. March 14, demanding stricter gun legislation to help put an end to school violence one month after the Parkland, Florida, shooting left 17 students and faculty members dead.

Rocky Point High School students walk out March 14 to join in the national protest against gun violence in schools. Photo from Kevin Redding

The Rocky Point high schoolers were among thousands across the country who took part in the school walkout demonstration during the time frame.

The district issued a letter to parents last week that any student who chooses to participate in the movement via exiting the high school will be “subject to administrative action.” Requests for what the repercussions might be were not immediately returned.

Students waved signs that read “Our voices deserve to be heard,” “I will not be a statistic” and “School is for learning, not target practice” as passing cars honked in support.

“We want legislators to take action against all assault weapons,” said senior Jade Pinkenburg, one of the organizers of the event. “We don’t want guns in our schools and want to feel safe within our schools. That’s what we’re doing this for.”

Rocky Point High School students walk out March 14 to join in the national protest against gun violence in schools. Photo from Kevin Redding

Senior Bernard Sanchez said students should be allowed to have more of a voice.

“You can’t sacrifice the First Amendment to try to protect the Second,” Sanchez said. “Court cases have proven time and time again that we don’t give away every choice we have when we enter a school.”

Jade Pinkenburg’s father Chris said that the students involved in the protest attempted to meet with Superintendent Michael Ring at the start of the week but “nothing happened.”

“No Rocky Point student will be permitted to leave the premises as part of any of these upcoming events or otherwise, without appropriate permission, whether on March 14 or at any time during school hours throughout the school year,” Ring wrote in last week’s letter.

Chris Pinkenburg stood by and said he supports the students despite the district’s disapproval.

“I think it’s a very good thing,” his father said. “Obviously the adults don’t have any solutions, so I hope this will bring about great change. It’s time.”

State Sen. John Flanagan. File photo

The New York State Legislature is working to make schools safer in the aftermath of the Feb. 14 shooting at a Florida high school. But the Republican-held Senate and Democrat-majority Assembly are not yet on the same page in figuring out how to accomplish the goal.

The Senate passed a package of bills March 6 aimed at improving school safety through various security-related measures. After a package of gun legislation bills — which included measures to create a stronger background check process, ban bump stocks or accessories that increase a semi-automatic weapon’s rate of fire, establish extreme risk protection orders, and more — brought forward by Senate Democrats failed in late February, the Assembly also passed a package of bills March 6 designed to strengthen gun laws. Several of the bills in the Assembly package were the same as versions voted down in the Senate. It remains to be seen if either house will pass their counterparts respective packages.

Bellone announces school safety initiative

Schools in Suffolk County will now be offered a permanent eye in the sky.

Suffolk County Executive Steve Bellone (D) announced the SHARE initiative March 9, a program that will allow districts the ability to connect existing camera systems directly to the Suffolk County Police Department. The system would enhance the efficiency of a police department response to an active shooter situation, according to a press release from Bellone’s office.

“We will do whatever it takes to protect our schools by utilizing every available tool and partnership at our disposal,” the county executive said in a statement. “The SHARE initiative will provide law enforcement the enhanced capabilities needed to respond to a security risk, and I look forward to working with our superintendents and stakeholders on how we can keep our schools safe.”

The county will hold a meeting of all school district superintendents March 15 to formally seek voluntary consent with the districts interested in the program.

“We have been preparing and training for the nightmare scenario that we hope never happens,” District Attorney Tim Sini (D) said in a statement. “In the police department, we enhanced our readiness for an active shooter scenario or a terrorist attack, but most importantly to take measures to prevent those incidents.”

“I have every hope that we can walk and chew gum at the same time because these are not mutually exclusive directions, and they are very complementary,” Assemblyman Steve Englebright (D-Setauket) said in an interview. The Assemblyman said he hadn’t had a chance to fully study the package of bills passed in the Senate yet, but at first glance it included some initiatives he’d be comfortable supporting. “I would just appeal to my colleagues in the Senate to meet us halfway, and I would pledge to do the same for them. I think we all should keep our eye on what the objective is here, which is to save lives and ultimately there is no single measure that is going to be an omnibus solve.”

The passed Senate package includes a bill authorizing districts to receive state funding to hire a school resource officer, defined in the bill to include retired or active duty police officers, deputy sheriffs or state troopers. They would be permitted to carry firearms on school grounds if licensed to do so. Another bill increased the earnings limitations for retired police officers being employed by schools from $30,000 annually to $50,000. A bill was also included in the package that will provide state education aid to districts for acquiring safety technology and improving security.

“Schools must be safe havens, where students can learn and teachers can teach,” Senate Majority Leader John Flanagan (R-East Northport) said in a statement. “In New York, we must act swiftly and decisively to implement additional measures in schools throughout our state to give students, parents, and teachers the resources and peace of mind that they deserve.”

The Senate’s package also had components designed to improve school-based mental health services. One bill allocates districts $50,000 in state funding to put towards hiring a mental health services coordinator, while another requires the state Department of Education to investigate and report on the number of full and part-time school counselors, school social workers and school psychologists in each school; the ratio of students to the number of school counselors; the ratio of students to the number of school social workers; the ratio of students to the number of school psychologists in each school; and when such staff is working in more than one school.

As part of the package, another bill was passed defining school shootings as an act of terrorism, which now makes the New York State Intelligence Center in cooperation with the state Division of Homeland Security responsible for the collection, integration, receipt, processing, evaluation, analysis, fusing, dissemination, sharing, and maintenance of intelligence information to aid in detecting, preventing, investigating and responding to acts of terrorism, including school shootings. Now suspects who discharge a firearm within 1,000 feet of a school can be charged with committing an act of terrorism.

The bills in the Senate’s package passed with overwhelming, bipartisan support in most cases. They will now head to the Assembly before arriving, if passed, at Gov. Andrew Cuomo’s (D) desk for signing into law.

The package that passed the Assembly, if eventually passed by the Senate and signed by Cuomo, would temporarily prohibit individuals from purchasing or possessing guns if a family member or law enforcement officer petitions a court and the court finds individuals are likely to engage in conduct that would harm themselves or others.

It also would establish a 10-day waiting period before a gun may be delivered to a purchaser who has not cleared a background check. Under current federal law, gun dealers must conduct a background check through the National Instant Criminal Background Check System before selling a firearm. The NICS system responds with one of three messages — “proceed,” “denied” or “delayed.” The dealer must deny the sale if the NICS background check determines the buyer is a prohibited purchaser and responds with a “denied” message. However, if the response is “delayed,” the dealer may nonetheless complete the sale after three business days.

Also included in the package is a bill preventing convicted domestic abusers from purchasing or possessing a firearm.

Spokespersons for Flanagan and state Sen. Ken LaValle (R-Port Jefferson) did not immediately respond to a request for comment asking if they intend to support the package of legislation passed by the Assembly.

When a property is owned by joint tenants with survivorship, the interest of a deceased owner automatically gets transferred to the remaining surviving owners. Stock photo
Linda Toga, Esq.

By Linda M. Toga, Esq.

THE FACTS: After my husband died, I remarried a wonderful man named Joe. Joe had been married before and had 3 children with his first wife. Since Joe moved into my house and was helping to pay the carrying costs, I decided to add Joe as an owner on the deed to my house. Shortly after Joe’s name was added to the deed, he died suddenly without a will.

His grown children are now claiming that they have an ownership interest in the house based upon the intestacy statute. They told me that the statute provides that when a married person dies without a will and is survived by a spouse and children, that his assets are divided between the spouse and children.

THE QUESTION: Are they correct?

THE ANSWER: Although the children are correct with respect to the intestacy statute, the statute may not apply to the house. Whether it does, and whether Joe’s children own a share of your house will depend on the language used when you added Joe to the deed.

HOW IT WORKS: Turning first to the intestacy statute, the statute applies to assets that are owned by the decedent alone. In other words, bank accounts and real property on which the decedent is the sole owner will pass pursuant the intestacy statute. On the other hand, assets that the decedent owned jointly with another person, assets that are in trust and assets for which a beneficiary designation form has been signed do not pass pursuant to the intestacy statute. Instead, they pass by operation of law to the joint owner or named beneficiary.

With respect to your house, how Joe was identified in the deed by which you gave him an ownership interest in your house will determine whether his children now own a share of your house. If Joe was named as a joint tenant with rights of survivorship, as a tenant by the entirety or simply identified as your spouse, you are the sole owner of the property. Under these circumstances, the house is not part of Joe’s intestate estate and, therefore, is not subject to the intestacy statute. While you will likely have to share with his children other assets that Joe may have owned individually at the time of his death, his children are not co-owners of your house.

If, however, you added Joe to your deed as a co-tenant, creating a tenancy in common, you may find that you only own 50 percent of your house.

That is because co-tenants can each dispose of their share of property as they please. When a co-tenant dies without a will, his share in the property in which he had an ownership interest will pass under the intestacy statute. Pursuant to the statute, the surviving spouse is entitled to the first $50,000 of the estate and must then split the balance of the estate 50/50 with the decedent’s children.

If Joe had sufficient assets in his name, you may be able to satisfy the children’s share by distributing to them funds equal to their 50 percent share. However, if Joe’s interest in the house is the only asset he owned at the time of his death, and his interest is worth more than $50,000, you are going to have to buy out his children with your own funds if you want sole ownership of the house.

Although your motive for adding Joe to your deed was admirable, I am sure you had no idea that doing so could result in having his children as co-owners of your house. In other words, you did not know what you did not know. While I hope that the language in the deed is favorable to you and that Joe’s children are mistaken as to their ownership interest in the house, in the future, the best way to avoid costly, unintended consequences when signing documents is to consult an experienced attorney before you sign.

Linda M. Toga, Esq. provides legal services in the areas of estate planning, real estate, small business services and litigation from her East Setauket office.